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DPUM 01 Rev. 12 TERMS AND CONDITIONS FOR ACCREDITATION OF CERTIFICATION, VALIDATION AND VERIFICATION BODIES (CABs) Komite Akreditasi Nasional National Accreditation Body of Indonesia Gedung I BPPT, Lt. 14 Jl. M.H. Thamrin No. 8, Kebon Sirih, Jakarta 10340 Indonesia Tel. : +62 21 3927422, Fax. : +62 21 3927527 Email : [email protected] Website : www.kan.or.id

TERMS AND CONDITIONS OF ACCREDITATIONkan.or.id/unduh/PALS/DPUM/DPUM 01 Rev.12.pdf · System HACCP CBs and FSMS CBs – Supplementary √ √ DPLS 10 Rev. 0 Terms and Conditions –

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Page 1: TERMS AND CONDITIONS OF ACCREDITATIONkan.or.id/unduh/PALS/DPUM/DPUM 01 Rev.12.pdf · System HACCP CBs and FSMS CBs – Supplementary √ √ DPLS 10 Rev. 0 Terms and Conditions –

DPUM 01 Rev. 12

TERMS AND CONDITIONS

FOR ACCREDITATION OF CERTIFICATION, VALIDATION AND VERIFICATION BODIES (CABs)

Komite Akreditasi Nasional National Accreditation Body of Indonesia Gedung I BPPT, Lt. 14 Jl. M.H. Thamrin No. 8, Kebon Sirih, Jakarta 10340 – Indonesia Tel. : +62 21 3927422, Fax. : +62 21 3927527 Email : [email protected] Website : www.kan.or.id

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Terms and Conditions for Accreditation of Certification, Validation and Verification Bodies (CABs)

1. Introduction

The Government Regulation No. 102 Year 2000, on National Standardization and Presidential Decree No. 78 Year 2001, on the National Accreditation Body of Indonesia (KAN), stated that KAN is the authority body for the accreditation of conformity assessment bodies in Indonesia. KAN ensures that their operation including those activities the related body does not compromise the confidentiality, objectivity and impartiality of its accreditation. To operate the accreditation services, KAN issued Terms and Conditions for Accreditation of Certification, Validation and Verification Bodies (CAB) document providing the generic information about the accreditation requirements, accreditation process, CAB rights and obligations, KAN obligations, the use of KAN logo and PAC/IAF MLA Mark and other conformity mark, accreditation certificate, confidentiality, complaints and appeals, liability, accreditation fee, provision of legislation and KAN’s address. The specific information about the specific accreditation scheme is provided in Supporting Document for Accreditation of Certification Body (DPLS) and other related documents. 2. Requirements for CAB

2.1 Accreditation of Conformity Assessment Bodies (CABs) which is operated

by KAN, aims to assess competence of the CAB is based on the requirements that have been established in accordance with the scope/scheme. The following is a list of the requirements that shall be fulfilled by:

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Management System CAB – ISO 17021

Requirements

CAB Accreditation Requirements for scheme: (√)

QMS

EMS

FSMS

ISMS

MDQMS Supply Chain

HACCP

Tourism

BMSL

ABMS

EnMS

SNI ISO/IEC 17021 and/or SNI ISO/IEC 17021-1

√ √ √ √ √ √ √ √ √ √

SNI ISO/IEC TS 17021-2 √

SNI ISO/IEC TS 17021-3 √

ISO/IEC TS 17021-9 √

SNI ISO/ 22003:2013 √

ISO/IEC 27006:2011 √

ISO 50003:2014 √

DPLS 05 Rev. 4 Terms and Conditions – Accreditation of System HACCP CBs and FSMS CBs – Supplementary

√ √

DPLS 10 Rev. 0 Terms and Conditions – Accreditation of Security Management Systems for The Supply Chain Certification Bodies – Supplementary

DPLS 11 Rev. 0 Terms and Conditions – Accreditation of Medical Devices Quality Management Systems Certification Bodies – Supplementary

DPLS 12 Rev. 1 Terms and Conditions – Accreditation of Security Management Systems for Information Security Management System Certification Bodies– Supplementary

DPLS 17 Rev. 1 Scope of Accreditation QMS and EMS

√ √

DPLS 18 Rev. 0 Terms and Conditions – Accreditation of Tourism Business Certification Bodies – Supplementary

DPLS 28 Rev. 0 Terms and Conditions – Accreditation of Anti-Bribery Management Systems

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Requirements

CAB Accreditation Requirements for scheme: (√)

QMS

EMS

FSMS

ISMS

MDQMS Supply Chain

HACCP

Tourism

BMSL

ABMS

EnMS

DPLS 25 Rev. 1 Terms and Conditions – Accreditation of Biorisk Management System for Laboratory

IAF MD 1:2007 IAF Mandatory document for Certification of Multiple Sites Based on Sampling

√ √ √

√ √ √ √

IAF MD 2:2007 IAF Mandatory Document for Transfer of Accredited Certification of Management Systems

√ √ √ √ √ √ √ √

√ √

√ √ √

IAF MD 3:2008 IAF Mandatory Document for Transfer Advanced Surveillance and Recertification Procedures (ASRP)

√ √ √ √ √ √ √

IAF MD 4:2008 IAF Mandatory Document for Use of Computer Assisted Auditing Techniques (CAAT) for Accredited Certification of Management Systems

√ √ √ √ √ √ √

IAF MD 5:2015 Determination of Time of Quality and Environmental Management Systems

√ √

IAF MD 9:2017 Application of ISO/IEC 17021-1 in the Field of Medical Device Quality Management Systems (ISO 13485)

IAF MD11:2013 IAF Mandatory Document for Application of ISO/IEC 17021 for Audits of Integrated Management Systems (IMS)

√ √

√ √

IAF MD15:2014 IAF Mandatory Document for the Collection of Data to Provide Indicators of Management System Certification Bodies' Performance

IAF MD 16: 2015 IAF Mandatory Document Application of ISO/IEC 17011 for the Accreditation of Food Safety Management System (FSMS) Certification Bodies

IAF MD 17:2015 Witnessing √ √ √

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Requirements

CAB Accreditation Requirements for scheme: (√)

QMS

EMS

FSMS

ISMS

MDQMS Supply Chain

HACCP

Tourism

BMSL

ABMS

EnMS

Activities for the Accreditation of Management Systems Certification Bodies

IAF MD 19:2016 IAF Mandatory Document For The Audit and Certification of a Management System operated by a Multi-Site Organization (where application of site sampling is not appropriate)

√ √

√ √

√ √

DPLS 22 Terms and Conditions – Accreditation of Energy Management System Certification Bodies – Supplementary

Ministry of Tourism of Republic of Indonesia regulation Number 1 year 2016 about Certification on Tourism Business

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Products, processes and services CAB – ISO 17065

Requirements

CAB Accreditation Requirements for scheme: (√)

Product Ecolabel Organic VLK

PHPL

U P

Halal

SNI ISO/IEC 17065 √ √ √ √ √ √ √

SNI ISO/TS 22003:2013 √

DPLS 04 Terms and Conditions – Accreditation of Product Certification Bodies– Supplementary

DPLS 20 Terms and Conditions – Accreditation of Organic Food Certification Bodies– Supplementary

DPLS 21 Requirements for Halal Certification Bodies

DPLS 26 Requirements for Ecolabel certification

DPLS 27 Competence criteria for personnel of Ecolabel Certification Body

DPLS 30 Terms and Conditions – Accreditation of Umrah Provider Certification Bodies – Supplementary

KAN Guideline 403:2011 Conformity Assessment – General Provision for the Use of Conformity Marks based on SNI and/or Technical Regulations

√ √

Regulation of Forestry Minister RI & Regulation of Director General for Sustainable Forest Management of Forestry Minister RI

√ √

OIC/SMIIC 2:2011 Guidance For Bodies Providing Halal Certification

Regulation of Religious Affairs Minister RI & Regulation of Director General for Hajj and Umrah, Religious Affairs Minister RI

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Personnel CAB – ISO 17024

Requirements

CAB Accreditation Requirements for

scheme: (√)

Personnel

SNI ISO/IEC 17024 √

DPLS 23 Terms and Conditions – Accreditation of Personnel Certification Bodies – Supplementary

Green House Gases CAB – ISO 14065

Requirements

CAB Accreditation Requirements for

scheme: (√)

GHG

SNI ISO 14065 √

SNI ISO 14064-3:2009 √

ISO 14066:2011 √

DPLS 15 Terms and Conditions – Accreditation of Green House Gasses Validation and/or Verification Bodies – Supplementary

SNI ISO14064 series √

IAF MD 6:2014 IAF Mandatory Document for the Application of ISO 14065:2013

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2.2 CAB shall :

a. has documented quality system that implemented for at least 3 months. b. has conducted at least one internal audit and management review. c. has registered legal entity in Indonesia d. has sufficient resources (such as human resources, laboratories, if

applicable, etc.) e. meet all KAN requirements including accreditation fees f. has issued at least 1 certificate of conformity (proven by copy of certificate),

except for PHPL, VLK, EnMS, ABMS and Tourism schemes g. has a list of certified clients or potential clients

3. Accreditation Procedure

3.1 Accreditation application

KAN proceeds the accreditation application submitted through online and offline. The online application would proceed through www.akreditasi.bsn.go.id. The offline application as follow:

3.1.1 CAB asks to KAN for information on accreditation procedures and requirements

3.1.2 KAN sends an accreditation application form and other related documents or CAB can visit the website of KAN and downloads the relevant documents.

3.1.3 CAB sends an application using such forms signed by top management CAB, addressed to the Chairman of KAN c.q. Director for Accreditation of Certification Body together with documents are as follows : a. Application form (combine with applicant data form) b. Applicant data form c. Legal entity document (Notary deed, Kemenkumham Decree, SIUP, TDP

or decree for government institution) d. Controlled and updated Quality System documentation e. Certification scheme for each scope applied, if applicable f. List of person involved with certification process (such as auditor/personel

of validation/verify officer/technical experts/ evaluator/ competency examiner/ inspector/ certification decision) and List of committee for safeguarding impartiality or governing board, if applicable

g. List of supporting laboratory and Memorandum of Understanding (MoU) documents between product certification body and supporting laboratory if Product CB and laboratory are within different legal entities

h. List of certified clients (for initial accreditation, scope extension and re-accreditation)

i. Records of internal audit and management review j. Statement of commitment from CAB’s clients to be audit by CAB (for new

accreditation application) 3.1.4 KAN reviews the completeness of the application submitted and reviews its

capability to provide an accreditation to CAB with taking into account: a. Applicants location; b. Language used in the assessment; c. Scope of accreditation requested; d. Availability of Assessor and/or technical expert; e. Availability of accreditation scheme and related document;

3.1.5 KAN proceeds the application to the next step after all requirements fulfilled.

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3.2 Preliminary visit

3.2.1 Preliminary visit aims to identify the readiness of CAB against accreditation requirements before the initial assessment carried out.

3.2.2 KAN may carry out the preliminary visit by request of the CABs. 3.2.3 The preliminary visit carried out to observe gaps of compliances to the

requirements including technical requirements. It is not a form of consultation. KAN will issue the preliminary visit report without any nonconformity.

3.3 Assessment preparation

3.3.1 KAN proposes the assessment team and the assessment schedule to the

CAB based on complexity and accreditation scopes. The CAB has right to refuse the assessment team by providing the reasonable objection. Where the CAB did not approve the assessment team and the assessment schedule by acceptable reason, KAN will replace the assessment team and rearranges the assessment schedule.

3.3.2 KAN officially assigns the assessment team to conduct the adequacy audit and the assessment based on related requirements. The technical experts may be attached to the assessment team, if necessary. KAN ensures that the team members have appropriate competencies and are free from any potential conflict of interest with the CAB.

3.4 Adequacy audit

3.4.1 The assessment team conducts an adequacy audit to the CAB's quality system documentation and related documents against requirements.

3.4.2 If the assessment team concluded that the system is generally not comply with the requirements, than the assessment team can make a recommendation to Secretary-General through Director for discontinuing the accreditation process.

3.4.3 If the CAB quality system documentation is adequate, the accreditation process may be proceed to on-site assessment.

3.5 On-site assessment

3.5.1 KAN assesses the conformity assessment services at the premises of the CAB from which one or more key activities performed.

3.5.2 The assessment team carries out the on-site assessment in 4 stages as follow: opening meeting, assessment, team meeting, and closing meeting.

3.5.3 The assessment team should deliver to the CAB during closing meeting summary report and/or any nonconformities/observations found. The CAB shall be followed up any major non-conformity within 1 month after the on- site assessment, while any minor non-conformities shall be followed up within 2 months after. Observation should be followed up with action plan.

3.5.4 For initial assessment, if such non-conformities cannot be closed out until specified time, KAN will give 1-month extension period to the CAB for carrying out followed up action for any major non-conformity.

3.6 Surveillance

3.6.1 KAN establishes an annual surveillance program. The program should

ensure that all accreditation scope assessed during surveillance within

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accreditation period. The regular surveillance visit is conducted at least twice during accreditation period. However, if KAN Council decided that the first surveillance conducted no later than 6 months after accreditation, than surveillance shall conducted three times during accreditation period. In some certain cases, KAN can decide to conduct additional surveillance. Additional surveillance visit at any time if there is any: - Complaints/disputes from related parties concerning the performance of accredited CAB. - Changes as mentioned DPUM 01 that have significant affect to capability of accredited CAB. - The assessment team of previous assessment recommends for additional audit based on assessment result.

3.6.2 KAN establishes sampling method to ensure proper assessment. All premises from which one or more key activities are performed will be assessed within a defined timeframe.

3.6.3 First surveillance is carried out 12 (twelve) months after date of accreditation status was granted, at the latest. If the first surveillance can not be conducted in 12 months, the accreditation status for CAB can be suspended until the first surveillance is conducted.

3.6.4 The second surveillance is carried out 24 (twenty-four) months after the date of accreditation status was granted. KAN can give dispensation on the postponement for 3 (three) months of the program. The reason of postponement must be agreed by Director for Accreditation. If the first surveillance conducted no later than 6 months after accreditation as decided by KAN Council, the second surveillance should be conducted 18 (eighteen) months after accreditation, and the third surveillance is carried out 30 (thirty) months after accreditation.

3.7 Re-accreditation

3.7.1 Before the accreditation status is expired, at least 12 (twelve) months before

the expired date of accreditation certificate, Director for Accreditation informs the CAB that its accreditation status will be expired, and suggests the CAB to send an application for re-accreditation 9 (nine) months before the expired date on the accreditation certificate.

3.7.2 If the CAB is willing to extend its accreditation status, the CAB shall send an application for re-accreditation and other supporting documents which are required. The CAB shall submit the application form and the applicant data form, and other documents required in clause 3.1.3 unless there are no changes with document submitted previously.

3.7.3 On site assessment for re-accreditation should be conducted at least 6 months before the expired date on the accreditation certificate.

3.8 Extension accreditation scope

3.8.1 CAB may request an extension of accreditation scopes to KAN by submitting:

Application form

Applicant data form

List of auditor / technical experts / evaluator /competency examiner/ inspector / certification decision related to scope extension

List of certified clients related to scope extension

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Controlled and updated Quality system documentation and related documents to scope extension

3.8.2 The assessment for extension of accreditation scopes can be carried out together with surveillance activity.

3.8.3 If the assessment is conducted not in the same time with the surveillance visit, than the assessment can be conducted minimally 3 (three) months after the last assessment visit.

3.9 Witness Assessment

3.9.1 KAN performs witness assessment at selected audit performed by the CAB to

ensure that the CAB is competent in carrying out their certification services for the applicable scopes applied and conforms to the relevant standard(s) and other requirements for accreditation.

3.9.2 Determination of scopes to be witnessed Some aspects which are considered in determining of scopes to be witnessed are:

the CB's overall performance;

factors such as process complexity or legislation etc. which influence the ability of the certified organization to demonstrate its ability to meet the intended outcomes of the MS;

feedback from interested parties including complaints about certified organizations;

the results of the CB's internal audits;

scheme owner requirements, etc.;

changes in CB work patterns – growth of work within a specific region or technical area;

number of clients within the CB’s scope of accreditation;

confidence in the CB’s auditor evaluation and approval process; and

previous or other office or witnessing assessment results, etc. The following additional factors may be taken into account to select witnessing activities:

number of certificates issued;

number of auditors;

different auditors;

whether auditors are internal staff or external resource;

different audits, initial audit (stage 1/stage 2), surveillance and recertification;

complex clients, combined and/or integrated audits, multi-site audits;

countries where audits in the certification process are performed;

result of previous witnessing activities;

complaints, customer surveys;

interested parties and regulators requests;

the technical clusters already assessed;

experience from other types of accreditation of the CB;

previous history of the CAB’s ability to manage its operations;

level of controls exercised by a CAB over its critical activities;

specific scheme requirements;

national agreements with clients; and

certificate transfer accepted. 3.9.3 The CAB shall promptly provide to KAN the complete and updated schedule

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of confirmed and planned audits (dates, location, audit team composition, audit type and scope, etc.), in order to allow KAN to schedule or update the program for the coverage of the scope of accreditation. Pre-witness activities shall ensure that KAN has the CAB's audit plan, previous audit reports if applicable, audit team competence records and the justification for calculation of the audit time.

Any information collected during the witnessing of an audit is confidential and shall be treated by KAN assessors and staff accordingly.

3.9.4 Determination of witness number for initial accreditation and scope extension For processing of initial accreditation, and extension of accreditation scope, witnesses number will be determined by refer to table 1 below. Type of audit which might be witnessed is initial certification/re-certification or surveillance audit which covers all certification requirements.

Tabel 1. Number of Witnesses for initial accreditation and scope extension

Number of accreditation scopes Number of witness

1-4 1

5-16 2

> 16 3

NOTE: 1. Accreditation scope for product certification refers to DPLS 04

2. Accreditation scope for FSMS certification body refers to DPLS 05

3.9.5 Determination of witnesses within accreditation cycle

a. Determination of witnesses number to be performed should be conducted after an accreditation granted and should evaluate each year within an accreditation cycle refers to table 2 (for all accreditation schemes except personnel), while determination of witnesses number for personnel CB refers to table 3.

b. If CAB can maintain the satisfactory performance continuously within two (2) accreditation cycles, the number of witness can be reduced at maximum 2 witnesses, however the lowest witnesses number to be performed to the CAB are 2.

c. If there is negative feedback from interested parties on the performance of the CAB, the number of witnesses can be added at minimum one witness.

Tabel 2. Number of witnesses within an accreditation cycle (except Personnel CB)

Number of certification issued Number of witness

1-50 2

51-200 4

201-400 6

401-600 10

> 600 11

Tabel 3. Number of witnesses within one accreditation cycle for Personnel CB

Number of certification issued Number of witness

1-500 2

501-1000 4

1001-5000 6

> 5000 7

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3.9.6 The realization of witness one accreditation cycle consist of 50% in the end of second years, 80% in the end of third year and 100% completed in 6 months before the end of accreditation cycle.

3.9.7 Determination of witness number for re-accreditation

a. There’s no need any additional witnesses for re-accreditation program other than witnesses audit programmed within an accreditation cycle, unless the CAB apply for an extension on accreditation scopes.

b. If CAB failed provided an audit programs to be witnessed as required within previous accreditation cycle, than KAN shall conduct the witnesses as required on the scope(s) that failed to be witnessed during previous accreditation cycle.

3.9.7.1 The determination of scope and number to be witnessed for QMS and EMS schemes refers to IAF MD 17.

3.9.7.2 The determination of scope and number to be witnessed for other schemes refers to supplementary documents if applicable.

3.9.7.3 The number and scope to be witnessed for initial accreditation, extention scope of accreditation, within accreditation cycle and re-accreditation for QMS and EMS schemes refer to IAF MD 17, for FSMS refers to IAF MD 16, for Product refers to DPLS 04, ISMS refers to DPLS 12 and for MDQMS refers to IAF MD 8

3.9.8 Implementation of witness 3.9.8.1 Director for Accreditation informs the CAB on the assessment team that will

conduct the witness as well as the witness fees; KAN should consider the following aspect when assigning the assessment team:

- an appropriate knowledge of CAB’s client type of business, process and product,

- a general understanding of the kinds of regulations the client’s products have to comply with, and

- the ability to witness an audit and to collect any necessary information.

3.9.8.2 Witness assessment should be conducted in conjunction with an assessment program.

3.9.8.3 KAN requests CAB to provide information : - CAB’s audit plan - Latest audit report of particular client or stage 1 audit report when the

audit being witness is initial certification - Background information on the CAB’s audit team - CAB’s audit or surveillance procedure - Logistical information for the audit (date and location) - Client’s permission before the witness is conduct.

3.9.8.4 During the witness, KAN’s assessment team evaluates the audit process according to the audit plan and procedures of certification having by the CAB, while also evaluates qualification of the audit team assigned according to CAB’s audit team (auditor/examiner/expert/sampling officer) criteria and competencies of CAB’s audit team covering audit technique, knowledge on certification criteria and other relevant documents/regulations, and knowledge on technical area being audited.

3.9.9 Follow up of witness a. KAN’s assessment team should inform to the CAB’s audit team where

observation or nonconformity found during the witness process at the

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post audit feedback session, and should be recorded in the witness report.

b. Where the witness report includes nonconformity(es) and observation(s), it should require that action is taken by the CAB management to address the issues raised.

c. The assessment team should produce the witness report only after received and reviewed of the CAB’ audit report which was witnessed.

d. The assessment team verifies the evidences of corrections and corrective actions taken by CAB during the next surveillance if needed.

3.10 Assessment report

The assessment team analyzes all relevant information and evidence gathered during the document and record review and the on-site assessment. The team’s observations on areas for possible improvement may also present to the CAB. 3.11 Decision making on accreditation

3.11.1 Accreditation decision made by KAN Council. 3.11.2 KAN will not delegate its responsibility in granting, maintaining, extending,

reducing, suspending and withdrawing an accreditation 3.11.3 Persons involves in decision making shall not involve in assessment 3.11.4 Before making an accreditation decision, the assessment report should be

reviewed by Technical Committee 3.12 Application Validity

The accreditation application submitted by CAB is valid for one-year after application and the required documents submitted (completed). The accreditation process (application to accreditation decision) shall be completed within one-year period. The accreditation period would be terminated once the CAB failed to follow this period. 3.13 Sanctions

3.13.1 KAN may initiate to apply sanctions to the applicant CAB or the accredited

CAB when it found that an applicant/accredited CAB has persistently failed or has lack of consistency to meet the requirements of accreditation or to abide by the rules for accreditation. The sanctions could be, but are not limited to: - Intensification of surveillance (office, witness or document review); - Reduction of accreditation scope (including geographical scope); - Suspension; - Withdrawal; - Public notice of scope reduction/suspension/withdrawal/misrepresentation

of accreditation; - Legal actions

3.13.2 Intensification of surveillance (office, witness or document review) KAN may carry out an additional or early surveillance to the CAB, when it found that an applicant/accredited CAB lack of consistency in implementation of CA procedures to abide by the rules for accreditation.

3.13.3 Reducing an accreditation KAN may reduce an accreditation scope of the CAB if:

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a. The CAB failed to maintain the availability of competence personnel and/or facilities and/or equipments needed to support its accredited activity;

b. Requested by CAB. 3.13.4 Suspension an accreditation

a. During the accreditation period, KAN may suspend the accreditation status of the CAB, if the CAB failed to maintain its compliance to the requirements,.

b. Suspension a part or all of CAB accreditation scopes are based on the following: - The CAB failed to resolve any non-conformities issued as results of

assessment, surveillance or re-assessment in the specified time frame;

- There is negative outcome of complaint investigation. - The CAB misuses/misrepresentation of KAN accreditation logo and

PAC/IAF MLA marks; - The assessment result shows that the implementation of management

system is not effective; - The CAB cannot facilitate KAN surveillance and/or witnessing within

period. - Non-payment of fees. - Requested by CAB. - There is no client certified when KAN conduct the surveillance

c. The CAB that its accreditation status is suspended may carry out surveillance to its certified clients, however does not entitle to carry out initial certification or re-certification audit by using KAN logo or statement that accredited by KAN.

3.13.5 Withdrawal an accreditation a. KAN may withdraw an accreditation status of the accredited CAB based

on the following: - The CAB owned by individual and the owner that is bankrupt or to be

a part of its creditor; - There is ”force majeure” that causes of the CAB could not be operate; - The CAB is a part of a corporate that is liquidated. - The CAB has persistently failed to meet the requirements of

accreditation or to abide by the rules for accreditation. - The CAB failed to follow up recommendation for corrective action

within suspension period (3 months). - There is proven evidence of fraudulent behavior. - The CAB intentionally provides false information

b. Withdrawal can also be done on a part of scope that has no client for 1 (one) cycle of accreditation plus 1 (one) year

3.13.6 The CAB with accreditation status withdrawn, should not be doing surveillance to their clients or to audit the initial certification or re-certification audit by using KAN logo, or statement that is accredited by KAN. All clients will be transferred to the other accredited certification bodies.

3.13.7 The CAB that its accreditation status is suspended or withdrawn is not entitled to use KAN symbol and PAC/APLAC/IAF/ILAC logos for all of its activities until the accreditation status is restored by KAN.

3.13.8 KAN will notify the CAB on the reason of suspension/withdrawal, within 14 days before the suspension/withdrawal.

3.13.9 Public notice of scope reduction/suspension/withdrawal/misrepresentation of accreditation would be informed in KAN website.

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3.13.10 KAN may restore the accreditation from the suspension once the CAB taken appropriate followed up action.

3.13.11 Legal actions shall be taken if the CAB breaches The Act Number 20 Year 2014, on Standardization and Conformity Assessment.

4 CAB Rights and Obligations

4.11 CAB has the rights to 4.11.1 Make appeals and complaints to KAN. 4.11.2 Get information on any accreditation requirements changes. 4.11.3 Require explanation when the applied scope of accreditation is related to a

specific program and additional information related to accreditation application.

4.11.4 Get information on names of an assessment team members who will carry out assessment / surveillance/ re-assessment

4.11.5 Use the KAN accreditation logo and if applicable IAF MLA mark with concerning related Guide stipulated by KAN

4.11.6 Apply for extending and reducing of accreditation scope.

4.12 CAB has obligations to 4.12.1 Commit to fulfill continually the requirements as mention in clause 1.1, and

this terms and conditions and adapt the changes of accreditation requirements.

4.12.2 CAB shall provide proper assistance and required cooperation to KAN and its staffs to enable KAN to monitor the fulfillment of the related accreditation requirements and criteria, that include a. To permit KAN and auditors to conduct assessment, surveillance,

verification, witness and other activities related to accreditation for all premises where CAB services operate

b. To assist KAN or its personnel conducting the investigation and solving any complaints submitting by a third party concerning the CAB activities that are included in the accredited scope. Ensure any information given to KAN is up to date

4.12.3 Prepare any necessary arrangements conducting assessment or evaluation including accommodation and arrangements for assessment of documents, and access in any fields, the records (including internal audit report and personnel for assessment, surveillance, re-assessment ,complaints handling purposes) and document related to independence and impartiality from its related bodies

4.12.4 CABs shall provide audit programs that will be witnessed by KAN before the accreditation status is granted and during accreditation cycle as required. The witness is to ensure that CABs have competent auditor to support their services. CAB shall require their clients to allow KAN’s witnessing assessment team

4.12.5 Use its accreditation in appropriate way and shall not make any misleading statement on its accreditation in accordance to the accredited scopes including their certified clients and other parties

4.12.6 Pay such fees for application, assessment, surveillance, re-assessment, extending scope and other fees as determined by KAN before on-site assessment conducted

4.12.7 Inform KAN immediately, in case there are changes on:

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a. Organization, top management and key personnel’s; b. Address, ownership, legal status, and organization commercial status; c. Main policy; d. Equipments, premises, facilities and/or other resources that may affect

CAB performance; e. Accreditation scopes; f. Other such matters that may affect the ability of the CAB to fulfill

requirements for accreditation 4.12.8 Facilitate PAC/IAF peer evaluation in order to maintain MLA PAC/IAF. 4.12.9 CAB shall provide updated data at least once a year on January, but is not

limited to: a. certified clients, b. number of auditors, c. number of transfers accepted (if applicable), d. number of overdue audits, and e. number of auditor-days delivered.

5 KAN has obligation to

5.1 Make publicly available information the current status of accredited CAB

regularly 5.2 Provide the CAB with information related to the accreditation scopes, terms

and conditions, international arrangement, where applicable. 5.3 Give the notice of any changes to its requirement for accreditation in a

reasonable time. Any changes made shall take into account of views expressed by interest third parties.

5.4 Verify that each accredited body carries out any necessary adjustment against the changes requirements.

6 Use of KAN logo and PAC/IAF MLA Mark and other conformity mark

6.11 KAN Guide 12: 2004 governs the use of KAN accreditation logo. CABs shall

use KAN logo only for its accredited scope and premises. 6.12 The use of PAC/IAF/APLAC/ILAC mark based on KAN Guide 13, where

applicable. 6.13 The use of other conformity marks based on Pedoman KAN 403:2012 6.14 If there is evidence related to improper use of KAN accreditation logo, KAN

shall warns and instructs CAB to carry out the corrective action within one months period.

6.15 If CAB cannot complete the corrective action, its accreditation status will be suspended or withdrawn. If such cases breach the law, KAN will report to the relevant authority.

7 The Certificate KAN Accreditation certificate

a. Be valid for a four years period. b. Can be withdrawn when KAN concludes that CAB failed to comply with the

requirements and this terms and conditions determined by KAN. c. Must be returned to KAN or providing the evidence of shattered certificate

upon withdrawal or expire of the accreditation.

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8 Confidentiality

8.11 KAN will keep confidentiality of any information collecting from accreditation process.

8.12 All KAN personnel in all level including internal and external personnel shall keep confidentiality of any information about CAB and sign Commitment letter to keep confidentiality and free conflict of interest and other pressure.

8.13 Information about CAB shall not inform to other parties without any written consent from CAB. If requires by law, KAN shall inform CAB.

8.14 All KAN personnel at all level including any committees and external personnel or institution, which acts on behalf of KAN, shall commit to obey these confidentiality requirements. All such information will only be handed over to other interested parties in accordance with the existing laws or with a written permission from the respective CAB’s management.

9 Complaints and Appeals

9.11 KAN will respond and take an appropriate action of any complaints concerning accredited CAB, KAN’s personnel or personnel who acts on behalf of KAN. KAN will assess the effectiveness of such action taken.

9.12 KAN will respond an appeal from CAB by establishing the independent committee.

9.13 KAN would respond any appeal submitted by CAB within one month after decision issued.

9.14 KAN would proceed any appeal issued by CAB which related to decision not proceed an accreditation because of technical matters, and decision to not granted, suspended or withdraw the CAB accreditation because of CAB performance, However, the appeal would not be proceed when decision appealed according to not proceed or not granted, suspended or withdraw the CAB accreditation because of the CAB failed to comply with an accreditation pre-requirements and failed to follow the accreditation process (ex: The CAB failed to provide the audit(s) to be witnessed, The CAB failed to response the NC issued within period, The CAB may not be surveillance within period, The accreditation process exceeded 1 year period)

9.15 KAN keeps the records of all appeals, complaints and corrective actions related to accreditation.

10 Liability

KAN is responsible to the liability matters that might be arises from its accreditation activities. The guideline is governed on Government Regulation No. 43 Year 1991 concerning Indemnity and Its Procedure in Public Administration Court. 11 Accreditation Fee

11.11 KAN has stable finances from government budget and accreditation fee. 11.12 KAN establishes and publishes the accreditation fee structure (DPUM 02). 12 Provisions of Legislation

This terms and conditions is stipulated under the laws and regulation of Republic of Indonesia.

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13 KAN's ADDRESS

Gedung I BPPT, Lt. 14 Jl. M.H. Thamrin No. 8, Kebon Sirih, Jakarta 10340 – Indonesia Tel. : +62 21 3927422, Fax. : +62 21 3927527 Email : [email protected] Website : www.kan.or.id